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SPRING2005 : YOU
& THE LAW :
by Ken B. Ness, Provincial Enforcement Specialist, Sask Environment
FINDERS
KEEPERS:
Found Dead WildlifeWe've all heard the
song “Dead Skunk In the Middle of the Road”, right? What if it's a dead owl,
or a dead white-tailed buck lying in the middle of the road many people
wonder if it's possible to keep that specific wildlife item for personal
use. The issue Conservation Officers have to deal with is to provide for the
legitimate use of found dead, or accidentally killed, provincially protected
wildlife and to protect against the illegal killing or marketing of
wildlife. The bottom line, as Section 23 of The Wildlife Act speaks to, is
that the property in all wildlife within our province, including any
wildlife which has been unlawfully hunted, belongs to the Crown. Section 24
goes on to state that a person has all property rights, title and interest
in and to any wildlife where the person has a license authorizing possession
of that wildlife. How can a person obtain legal possession of found dead
wildlife? Read on!
There
are many situations where people find dead wildlife. You may be hunting or
snowmobiling and find a dead deer; while hiking you may find a dead hawk
under a powerline; or maybe a songbird hits your kitchen window. “Can I keep
it?” is a question commonly asked to Conservation Officers. Many times it's
reasonable for Saskatchewan Environment to allow the salvage of the dead
wildlife for a variety of purposes including for personal retention, to
mount and display or to use the meat for pet food. While these are the most
common circumstances, unfortunately there is also a demand for wildlife that
may result in the deliberate killing of animals, including rare or
endangered wildlife. There are cases where dishonest folks shoot hawks and
owls, or poach a nice White-tailed buck after the season, and then want a
permit claiming they just found the wildlife dead in a field. Therefore the
Conservation Officer's challenge is to evaluate the circumstances on a
case-by-case basis, together with any wildlife management concerns, and
determine the disposition of the specific wildlife. It should be noted that
only Saskatchewan residents may apply to retain protected species under
permit.
Let's take a look at what the Saskatchewan Wildlife Regulations states
concerning this issue.
Section 31.2 states the following:
(1) “A person who finds dead wildlife may take possession of that
wildlife if:
(a) to that person's knowledge, the wildlife was not killed in
contravention of the Act; and
(b) within seven days of taking possession of the dead wildlife, the
person:
(i) applies to a wildlife officer for and is granted a license
authorizing
(ii) provides the wildlife to a wildlife officer for inspection; and
(iii) pays the applicable license fee.
(2) Wildlife provided to a wildlife officer pursuant to subclause (1)(b)(ii)
may be marked by a wildlife officer for identification in a manner approved
by the director.
(3) A person is not required to have a license authorizing possession of
dead wildlife if it is:
(a) mentioned in subsection 4(1); or
(b) taken under a valid hunting and trapping license.
(4) The fee for a license authorizing possession of dead wildlife is $10.
Subsection
4(1) of the Wildlife Regulations lists the wildlife that is not
protected by the Act or Regulations in our province. Outside of game
preserves, wildlife refuges, wildlife management units, regional parks,
provincial parks, protected areas or recreation sites, it's legal to hunt
the following wildlife without a license: snakes and turtles other than
rattlesnakes, bullsnakes, hognosed snakes, smooth green snakes, eastern
yellow-bellied racers, northern red-bellied snakes, short-horned lizards and
snapping turtles; frogs and salamanders; rabbits; shrews; bats; mice and
rats, other than red squirrels, muskrats, black-tailed prairie dogs, and
beavers (if that specific Rural Municipality has passed a bylaw allowing
beavers to be hunted without a license); skunks and raccoons; crows,
magpies, cowbirds, blackbirds, grackles, starlings, English sparrows and
common pigeons; and game farm animals with respect to which a game farm
operator holds a valid license issued pursuant to the merchandising
regulations. It should also be noted that shed antlers and feathers can be
legally picked up and retained, and the public does not require a permit to
possess these items.
When our Saskatchewan Environment field offices receive permit requests
for migratory non-game birds protected under The Migratory Birds Convention
Act (ie songbirds), we refer the person to the Canadian Wildlife Service in
Saskatoon; although it should be noted that the CWS does not normally issue
such permits.
If Conservation Officers suspect the wildlife died of disease or from
poisoning, the wildlife item is retained and sent away for analysis.
Permits are not available for the following species:
- recognized as Extirpated, Endangered or Threatened by the Committee on
the Status of Endangered Wildlife in Canada where a legitimate
conservation agency have requested that Saskatchewan Environment turn over
specific wildlife items for scientific studies for example, determining
the extent of lead poisoning or insecticides in eagles where the Royal
Saskatchewan Museum requires certain wildlife items for display purposes
After investigation and documentation, if the Conservation Officer is
satisfied that the wildlife died of natural or accidental causes and not by
causes that could be consistent with illegal hunting, a permit to retain for
personal use only will be issued. The wording on the permit will clearly
state that the specific wildlife item will be solely for personal enjoyment
and may not be sold, offered for sale, traded, bartered or otherwise
disposed of to any individual or firm. In other cases the Conservation
Officer may issue a permit to allow the specimen to be on public display
only, and not for an individual's household.
The most common requests we receive at our Saskatchewan Environment field
offices are for Special Permits to retain hawks and owls to get them
mounted, deer antlers with skull plates attached for personal retention, and
deer carcasses for pet food. If you have questions on whether or not you can
retain found dead, or accidentally killed wildlife, contact your nearest
Conservation Officer.
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